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Triple Property Litigation Success with Beyond Housing

16 April 2019

Written by Swinburne Maddison

Beyond Housing | Swinburne Maddison

Swinburne Maddison LLP has successfully resolved three consecutive cases on behalf of social housing provider, Beyond Housing, all of which proceeded to Court.

Shortly after its merger Beyond Housing, formerly known as Coast & Country Housing and Yorkshire Coast Homes, appointed Swinburne Maddison to act on its behalf in relation to a number of tenant issues within the Teesside area. All three Court hearings took place within the first 10 weeks of 2019.

In the first case, Swinburne Maddison made an application for an Injunction against a tenant for failing to comply with his Tenancy Agreement by storing vehicles and rubbish in his rear garden. The tenant also failed to allow access to the property for inspection.

Following an Injunction which was successfully obtained in May last year, Beyond Housing was successful in a committal application as a result of the breach of Injunction in January 2019. The tenant in question was sentenced to 28 days in prison, suspended for three months on the condition that he complies with the Injunction Order moving forward.

The second case was another Injunction this time obtained against a tenant for causing nuisance and annoyance to other local residents; this included banging on doors in the early hours of the morning, demanding money and in one particularly disturbing incident the tenant threatened a neighbour with a knife. The Court granted an Injunction to run for the full length of the tenant’s Tenancy Agreement, with a Power of Arrest attached for the first twelve months.

The third case in the series relates to a possession claim against trespassers, where an immediate Possession Order was obtained. The occupiers had taken advantage of a vulnerable tenant, moving into the property forcing him to terminate his tenancy. They refused to leave which resulted in the application for possession. This was obtained on the first occasion, along with an Order that the occupiers pay all of the legal costs incurred.

David Low, Partner in the Litigation team, commented: “We are delighted with the outcome for each of these cases. We have worked with their team for a number of years and we strive to act swiftly and to ensure effective actions are conducted on behalf of them.

“Client care is imperative to our firm and these cases highlight the practical and prompt advice we are able to provide to our clients on how best to deal with these difficult situations. We look forward to continuing our relationship with Beyond Housing and helping to tackle anti-social behaviour together.”

Antony Sharp, enforcement officer at Beyond Housing, said: “Making our communities pleasant places to live and the welfare and safety of our tenants are of paramount importance.

“We endeavour to work with and engage our residents to resolve any issues, including instances of anti-social behaviour, and taking legal action always is a last resort.

“By working in partnership with experts such as Swinburne Maddison LLP, we ensure that the appropriate action is taken in a measured and timely manner.”

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